Dáil debates

Wednesday, 18 February 2015

Ceisteanna - Questions - Priority Questions

Defence Forces Fatalities

9:40 am

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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2. To ask the Minister for Defence if he will provide an update on the case of a person (details supplied), a Lebanese national who is the alleged perpetrator of the murder of persons (details supplied) and the attempted murder of a person (details supplied), Irish peacekeepers deployed with the UN in Lebanon; if the Lebanese authorities have been in contact with his Department over this case; and if he will make a statement on the matter. [7105/15]

Photo of Michael KittMichael Kitt (Galway East, Fianna Fail)
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I ask members to stay within the time limits.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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I have tabled this question to get an update from the Minister on the case of Mr. Mahmoud Bazzi, a Lebanese national who is the main suspect in the murder of Privates Thomas Barrett and Derek Smallhorne and the attempted murder of Private John O'Mahony, Irish peacekeepers deployed with the UN. Mr. Bazzi has been deported from the US to Lebanon. Has the Lebanese Government contacted the Minister about the case, has his Department provided it with any information or evidence and is it likely that Mr. Bazzi will go free under an amnesty covering crimes committed during the Lebanese war?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I thank Deputy Crowe for raising this issue, which is one that we have taken seriously. It relates to the case of the deaths of Privates Thomas Barrett and Derek Smallhorne, who were murdered, and the serious injuring of Private John O’Mahony while serving with the United Nations Interim Force in Lebanon, UNIFIL, on 18 April 1980. In July 2014, the alleged perpetrator, Mr. Mahmoud Bazzi, who had been residing in the US, was arrested for administrative immigration violations. Following an immigration court hearing in August, the judge ruled that Mr. Bazzi be deported to Lebanon, as he had admitted to entering the US in 1994 without proper documentation. He was finally deported to his native Lebanon on 30 January 2015. On arrival in Beirut, Mr. Bazzi was arrested and detained by the Lebanese authorities, where he remains in custody.

The Irish Government has requested the support of the Lebanese Government in seeking justice for the murdered Irish UNIFIL peacekeepers, should such action be at all feasible. During my visit to Lebanon last December, I met the Lebanese authorities at the most senior levels of government and highlighted the Irish Government's continued prioritisation of and commitment to progressing this case in the interests of justice. It is now a matter for the Lebanese authorities to investigate the case and to determine any future action in accordance with their national legislation and judicial procedures. The Irish ambassador in the region is continuing to monitor developments in the case and is in contact with my Department on a regular basis.

A total of 199 Defence Forces personnel are currently serving with the UNIFIL mission, but I have taken a personal interest in the case and have met the families and Mr. O'Mahony. We are keeping them up to date with everything we know. I am somewhat limited in what I can say because I am anxious that nothing I say should prejudice any judicial case that the Lebanese authorities may be taking. While I do not want to go into the legal challenges involved, it is a question of the murder of two men and the attempted murder of a third. We have asked the Lebanese authorities to treat this issue as a priority. I am satisfied that they are doing everything they can to seek justice. We will monitor the situation with interest.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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I thank the Minister for the update. I accept that he is limited in what he can say and do concerning a domestic Lebanese case but it is important that we highlight the issue, as it also draws attention to the significant risks involved in peacekeeping operations.

The families started a campaign for which there is considerable sympathy across the Oireachtas. I welcome the fact that this week, the Minister for Foreign Affairs and Trade, Deputy Charles Flanagan, laid a wreath at the memorial to Irish peacekeepers who died in Lebanon.

In light of the fact that the families have been campaigning for the past 30 years, it is important that we do everything in our power regarding this case. The Minister is limited in what he can say but is there a timeframe for a possible case being taken? I am conscious of the fact that Lebanon is the only country in which this individual can be charged.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I also pay tribute to the families concerned. Anyone who has met the Smallhorne and Barrett families and Mr. O'Mahony knows that they are incredibly decent people who are trying to move on with their lives and seek justice. They have been campaigning on that basis for many years. For this reason we all owe it to them, the Defence Forces and the former colleagues of the two murdered soldiers to do everything we can to seek justice. That is what we are doing, but let me be clear, in that we have tried to provide as much information on the case as we can and we have requested that the case be taken seriously, which it is. We also closely monitored the case in the US that resulted in the deportation of Mr. Bazzi. Unfortunately, the Irish Government cannot take a case in Ireland. This is an issue for the Lebanese judicial system and Lebanese law. As such, we are interested observers who are being kept up to date on a regular basis, but we must let the law take its course.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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This case highlights the facts that people are doing peacekeeping work for the UN and the laws in that regard might need to be changed at some stage.

The individual in question remains in custody. Does the Minister have information on for how long the process will last? The families' campaign was a factor, but there was also media involvement in the US. We should put on record our welcome for that involvement. Will the Minister and his Department keep the House updated on the case as much as possible?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Judging by my discussions in Beirut, the authorities are doing what they can to establish the facts in this case. My understanding is that, with a view to assisting authorities in the review of the case that was then under way, Mr. Bazzi was detained when he arrived back in Beirut and that this is still the situation.